County prohibits certain fireworks

Published 7:00 pm, Monday, June 9, 2008

Skyrockets with sticks and missiles with fins will not be for sale this firework season after the Midland County Commissioners' Court voted Monday to ban them.

However, the commissioners said they feel more should be done to protect residents from the dangers of grassfires caused by fireworks and fueled by the area's dry conditions.

County Judge Mike Bradford said county officials currently are lobbying to change certain laws "that currently tie the hands of the court."

While the commissioners have declared a burn ban in the county, the law doesn't address fireworks.

Instead, it prohibits those who purposely set a fire outdoors except for barbecuing in approved pits and welding.

"We prevent you from starting fires but we cannot protect you from fires started by fireworks," Bradford said. "It may not make sense but that is Texas law."

Bradford, along with Commissioner Jimmy Smith, began talks with Texas Rep. Wayne Smith, R-Harris County, to look into possibly amending it. The representative is the chair for the County Affairs Committee.

Once an area's index supersedes 500, certain firework restrictions can apply. On Monday, Midland had an index of 622.

But the law only restricts the use of certain skyrockets and missiles.

"It doesn't account for the Class C explosives and large firework devices," County Attorney Russell Malm said. "Since the statute has been written, there have been much innovation when it comes to fireworks that isn't covered by it."

In addition, the index only measures soil moisture, it doesn't take any wind factors into account - which is a concern of county officials.

"Fireworks are very dangerous for our area where we are known for our high winds," Dorothy Casselman, an Andrews resident who owns land in Midland, told commissioners Monday. "It can get out of hand before you can shake a stick at it. I'd like to see all fireworks be banned."

The county cannot ban Class C fireworks or large firework devices, according to the law. All fireworks can only be banned if the county issues a declaration of emergency - which is only good for 60 hours. Beyond that, the governor must give his approval.

And Midland County has been challenged legally for its last declaration made about two years ago, Malm said.

The district courts ruled against the county when Truckload Fireworks sued the county for declaring a state of emergency and banning all fireworks.

While the appellate court overturned the ruling, the case now sits in the Texas Supreme Court.

Malm said it is not known when a decision will be made.

Law enforcement officials commended the commissioners' efforts which comes as Midland has experienced a number of grassfires and currently is prosecuting several arsonists.

Only 1.1 inches of rain has fallen in Midland since January. In the same time, the Texas Forest Service responded to 11 Midland County fires while other agencies responded to 117 other fires, TFS spokesman Warren Bielenberg said.

District Attorney Teresa Clingman said the fire occurring early last month on East Country Road 60 allegedly had been caused by two people throwing matches at each other.

It resulted in ,3 million in damages including fencing and houses; and two city fire officials and two employees sustaining injuries, she added.

The case has is pending presentation before a grand jury.

In another case, several suspects were arrested last month for shooting Roman Candles off the side of the road to intentionally set fire, Sheriff Gary Painter said.

The worse penalty for arson could be capital murder if the fire causes death, Clingman said.

"But typically most arson (cases) are second-degree felonies where they can serve anywhere from two to 20 years," Clingman said, "and fined ,20,000."

Several residents expressed concerns with the Fourth of July celebrations nearing.

"I understand the legalities involved but someone has to be liable for this," Midland County resident Pat McDaniel said. "I hope they continue efforts to lobby and come up with a fair and equitable way to stop this and seek property damages."